The court noted that there was no reported case in which it had actually been decided ‘that oppression can include oppression caused by misleading information given by the court office’, and continued: ‘In principle, I am unable to see why oppression of that kind should not be included. The way in which that ground is usually stated is `oppression in the execution of the warrant’. Once the warrant has been obtained, its execution is a matter between the court and the tenant. It is the officer of the court who executes the warrant and the landlord has no part in that process. Moreover, there seems to be no reason why oppression should be confined to oppressive conduct on the part of the landlord or some other person. It ought to include any state of affairs which is oppressive to the tenant.’
Judges:
Nourse LJ
Citations:
Unreported, 3 April 2000
Jurisdiction:
England and Wales
Cited by:
Cited – Jephson Homes Housing Association v Moisejevs and Another CA 1-Nov-2000
A possession warrant, properly issued and executed in ignorance of a payment into court by the tenant was not an abuse of process. The tenant had paid funds into court in the mistaken belief that this would be effective to set aside the warrant. She . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 03 June 2022; Ref: scu.187048
